Seattle City Council Bills and Ordinances
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Ordinance 118724
Introduced as Council Bill 111869
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AN ORDINANCE relating to parks and recreation and animal control; amending Sections 9.25.084 and 18.12.080 of the Seattle Municipal Code to allow off leash dogs in specified areas. |
Description and Background | |
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Current Status: | Passed |
Index Terms: | ANIMAL-CONTROL, DOMESTIC-ANIMALS, PARKS |
References: | Res. 29343 29628, Ord. 118099 |
Legislative History | |
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Sponsor: | DRAGO | tr>
Date Introduced: | September 8, 1997 |
Committee Referral: | Business, Economic and Community Development |
City Council Action Date: | September 22, 1997 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | September 22, 1997 |
Date Signed by Mayor: (About the signature date) | September 29, 1997 |
Date Filed with Clerk: | September 29, 1997 |
Signed Copy: | PDF scan of Ordinance No. 118724 |
Text | |
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AN ORDINANCE relating to parks and recreation and animal control; amending Sections 9.25.084 and 18.12.080 of the Seattle Municipal Code to allow off leash dogs in specified areas. BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Subsection A of Section 9.54.084 of the Seattle Municipal Code, which Section was last amended by Ordinance 116694, is further amended as follows: Section 9.25.084 Offenses relating to control. It is unlawful for the owner to: A. Permit any potbelly pig, domestic animal, except cats and pigeons, to be at large or trespass upon the property of another; provided, that pets may be removed from the premises of the owner if restrained by a leash that is eight (8) feet or shorter, and if in the physical control of a person. It is not a violation of this subsection to have a dog off-leash in an area designated pursuant to Section 18.12.080 as an off-leash area provided that the requirements of subsection 18.12.080 B. are met. Section 2. Section 18.12.080 of the Seattle Municipal Code, last amended by Ordinance 118638, is further amended as follows: Section 18.12.080 Animals running at large prohibited. Except as expressly allowed in subsection B hereof, it is unlawful for any person to allow or permit any dog or other pet to run at large in any park, or to permit any dog or other pet with or without a leash, except Seeing Eye or Hearing Ear dogs or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter any public beach, swimming or wading area, pond, fountain, stream, organized athletics area, or designated children's play area. The Superintendent may ban dogs and other pets, or a specific dog or other pet, from areas of any park where he or she determines the same may be a nuisance. B. A pilot off-leash program shall be established under the administration of Seattle Animal Control, a subdivision of the Department of the Executive Services Department (Exhibit H, attached to Ordinance 118099 and on file in the city clerk's office). Given that the City's determination of nonsignificance (DNS) issued August 21, 1997 for the Permanent Dog Off-Leash Exercise Area has been appealed, the pilot off-leash program shall continue in effect for a period ending on the date a decision affirming the DNS is filed with the City Clerk or, in the alternative, for a period ending sixty (60) days after a final environmental impact statement (EIS) is issued, Dogs may be allowed to run at large only in the following areas hereby designated as off-leash areas: 1. That portion of Genesee Park depicted on Exhibit 18.12.080 A; 2. That portion of Golden Gardens Park depicted on Exhibit 18.12.080 B; 3. That portion of Lower Woodland Park depicted on Exhibit 18.12.080 C; 4. That portion of Magnuson Park depicted on Exhibit 18.12.080 D; 5. That portion of Volunteer Park depicted on revised Exhibit 18.12.080 E; 6. That portion of Westcrest Park as depicted on Exhibit 18.12.080 F; and 7. That portion of the City's storm-water drainage-retention facility adjacent to I-90 Lid Park as depicted on Exhibit 18.12.080 G. Any person who takes a dog into an off-leash area must have physical control of the dog by means of an adequate leash when entering and leaving the off-leash area and must maintain voice control over the dog at all times while in the off-leash area. All dogs in an offleash area must be licensed and must display valid license tags attached to the dog collar. Vicious animals, as defined in Section 9.25.024 A of this Code, are not permitted to use the off-leash areas. C. Any person with a dog or other pet in his or her possession or under his or her control in any park shall be responsible and liable for the conduct of the animal, shall carry equipment for removing feces, and shall place feces deposited by such animal in an appropriate receptacle. D. The Superintendent is authorized to close to off-leash dog use any area described under subsection B on a temporary or permanent basis if significant problems arise which cannot be resolved jointly by the Department of Parks and Recreation and Seattle Animal Control and if the Superintendent determines that such closure is necessary for the preservation and protection of the natural environment, public health or safety. Prior to closing any off-leash area, the Superintendent shall consult with the Director of the Executive Services Department. The Superintendent shall state in writing his other reasons for closure. Section 3. Section 18.12.080 of the Seattle Municipal Code, last amended by Ordinance 118638, is further amended as follows: Section 18.12.080 Animals running at large prohibited. Except as expressly allowed in subsection B hereof, it is unlawful for any person to allow or permit any dog or other pet to run at large in any park, or to permit any dog or other pet with or without a leash, except Seeing Eye or Hearing Ear dogs or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter any public beach, swimming or wading area, pond, fountain, stream, organized athletics area or designated children's play area. The Superintendent may ban dogs and other pets, or a specific dog or other pet, from areas of any park where he or she determines the same may be a nuisance. B. Dogs may be allowed to run at large only in the following areas hereby designated as off-leash areas: 1. That portion of Genesee Park depicted on Exhibit 18.12.080 H; 2 That portion of Golden Gardens Park depicted on Exhibit 18.12.080 I; 3. That portion of Magnuson Park depicted on Exhibit 18.12.080 J until title to that portion of the Navy property at Sand Point intended for Parks and Recreation purposes is transferred to the City and the Use Plan for that portion of the property has been completed and adopted; 4. That portion of Volunteer Park depicted on revised Exhibit 18.12.080 K will be extended until October 25, 1998, or until another site on Capitol Hill is secured and opened. No later that March 15, 1998, the Department of Parks and Recreation, following consultation with the Office of Management and Planning and COLA, shall submit at least three alternative sites (one of which may include rotation of the Volunteer Park area) to the Council for consideration as a replacement for the Volunteer Park site. After appropriate public hearings and review, the Council will make a final decision on a Capitol Hill site no later than July 30, 1998. 5. That portion of Westcrest Park as depicted on Exhibit 18.12.080 L 6. That portion of the City's storm-water drainage-retention facility adjacent to I-90 Lid Park as depicted on Exhibit 18.12.080 M; 7. That portion of Woodland Park depicted on Exhibit 18.12.080 N; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed; 8. That portion of City Light Right of Way #2 depicted on Exhibit 18.12.080 O; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed; 9. That portion of City Light Right of Way #3 depicted on Exhibit 18.12.080 P; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed. 10. That portion of the East Duwamish Greenbelt depicted on Exhibit 18.12.080 Q; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed. 11. That portion of Northacres Park depicted on Exhibit 18.12.080 R; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed. 12. That portion of Jefferson Park Reservoir depicted on Exhibit 18.12.080 S; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed. It is the intention of the City Council that only ONE of the sites on North Beacon Hill, either City Light Right of Way # 2 (# 8 above), East Duwamish Greenbelt (# 10 above), or Jefferson Park Reservoir (# 12 above) be developed as an off-leash site at this time and that the site selected be used as an off-leash area only after an appropriate neighborhood process has taken place, a local "stewardship" group has been formed under the auspices of COLA or another appropriate group, and an agreement signed. Any person who takes a dog into an off-leash area must have physical control of the dog by means of an adequate leash when entering and leaving the off-leash area and must maintain voice control over the dog at all times while in the off-leash area. All dogs in an offleash area must be licensed and must display valid license tags attached to the dog collar. Vicious animals, as defined in Section 9.25.024 A of this Code, are not permitted to use the off-leash areas. C. Any person with a dog or other pet in his or her possession or under his or her control in any park shall be responsible and liable for the conduct of the animal, shall carry equipment for removing feces, and shall place feces deposited by such animal in an appropriate receptacle. D. The Superintendent shall review the impacts of off-leash activities at sites seven (7) through twelve (12) after 18 months of operations at each site. In the case of non-park sites, this review shall include consultation with the City Department with authority over the site. If, based on this review, the Superintendent finds significant problems that can not be practically corrected, the Superintendent may close the site to off-leash use. In addition to any action taken pursuant to the review described above, the Superintendent is authorized to close to off-leash dog use any area described under subsection B on a temporary or permanent basis if significant problems arise which cannot be resolved jointly by the Department of Parks and Recreation, Seattle Animal Control, and COLA, and if the Superintendent determines that such closure is necessary for the preservation and protection of the natural environment, public health or safety. Prior to closing any off-leash area, the Superintendent shall consult with the Director of the Executive Services Department. The Superintendent shall state in writing his other reasons for closure. Prior to any permanent closure, the Superintendent shall give thirty (30) days written notice, to be posted at the site, stating the reason(s) for the closure and shall conduct one or more public hearings on the proposed closure. Moreover, the Superintendent is authorized to manage all off-leash sites and this authority shall include, but not be limited to, the authority to make minor alterations to site boundaries after reasonable notice to the public, impose operating hours and curtail use at sites as necessary for renovation, repair or for other operational reasons. Section 4. Use, prior to the effective date of this ordinance, of any off-leash area in a manner that was lawful prior to September 22, 1997 is hereby ratified and confirmed. Section 5. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020. Provided, however, that, given that the City's determination of nonsignificance (DNS) issued August 21, 1997 for the Permanent Dog Off-Leash Exercise Area has been appealed, then Section 3 above shall not take effect until the date a decision affirming the DNS is filed with the City Clerk. Provided further, that in the event that any appeal of the DNS results in a requirement that an environmental impact statement (EIS) be prepared, then Section 3 above shall not take effect. Passed by the City Council the _____ day of ____________, 1997, and signed by me in open session in authentication of its passage this _____ day of _________________, 1997. ___________________________________________ President _______ of the City Council Approved by me this _____ day of _________________, 1997. ___________________________________________ Mayor Filed by me this _____ day of ____________________, 1997. ___________________________________________ City Clerk BG:rlh September 30, 1997 111869.WP5 |
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